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2022 (12) TMI 774 - MADRAS HIGH COURTMoney Laundering - aggrieved person - notice for interim attachment of properties not served - requirement to send the notice to person who is not the owner but in possession of property - possession notice has been issued to the petitioner for eviction of the petitioner from the premises - non-service of final attachment Order as well - Section 26 of the Prevention of Money Laundering Act, 2002 - HELD THAT:- The facts and circumstances of the case would reveal that the very property has been divested by the creating false documents, which has not been disputed. The property has been attached in the proceedings initiated against the second and third respondents. According to the petitioner, they are in possession of the property under some oral arrangement from the very inception and there was also an oral agreement for sale between the original owner and themselves. The factum of their possession is not disputed - this Court is of the view that as the possession of the petitioner has not been disputed by the Department, any Order evicting or taking away their possession, will certainly affect the right of a person and such person would be an aggrieved person and they will certainly fall under the ambit of Section 26 of The Prevention of Money-Laundering Act, 2002. They can very well challenge the action of the respondent by filing an appeal. Considering the facts and circumstances of the case, as the petitioners are certainly aggrieved persons, they are entitled to file an appeal and establish their stand before the appellate authority. It is for the petitioner to establish their right over the property before the appellate authority. Till such appeal is decided, the petitioners cannot be evicted and the notice served on them shall be put on hold till the disposal of the appeal. In such view of the matter, the respondent is directed to serve a copy of the Order of attachment passed under section 8 of the Prevention of Money-Laundering Act, 2002 enabling the petitioner to file an appeal before the Appellate Tribunal as per Section 26 of The Prevention of Money-Laundering Act, 2002. These Writ Petitions are disposed of.
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